FIR Over 'Saffron Hooliganism' Headline: Calcutta HC Grants Anandabazar Patrika Journalists Protection From Arrest
New Delhi: The Calcutta high court has directed the state police to not take any coercive steps against journalists of Anandabazar Patrika till December 15 in relation to FIRs which were registered over the publication’s use of the word “gerua gundami” or saffron hooliganism in headline, reported LiveLaw.
The direction was passed by Justice Saugata Bhattacharyaa while hearing the petition of the journalists who sought protection from arrest in connection with the FIRs.
On September 2, the high court had declined to grant urgent hearing to two journalists against whom an FIR was filed over use of the word.
In the latest hearing of the matter, senior advocates S.N. Mookherjee and Sandipan Ganguly, assisted by advocates Arunabha Deb and Ashika Daga, appeared for the journalists at the high court.
Earlier, at another hearing before Justice Bhattacharyya, the West Bengal government, represented by additional advocate general (AAG) Rajdeep Majumdar, had assured the high court that coercive steps would not be taken against the journalists, subject to their cooperation with notices issued by the investigating authorities, reported LiveLaw.
Press bodies had also criticised the Bharatiya Janata Party (BJP) government in West Bengal for action against the journalists. The Federation of Press Clubs had demanded that the West Bengal government withdraw the criminal case registered against the journalists of Anandabazar Patrika.
“Filing such FIRs reeks of vindictiveness against journalists and is certainly not a case of good governance that the Suvendu Adhikari government has promised,” its statement had said.
Anandabazar Patrika had carried front page reports on the Jadavpur University clashes of August 21 across two editions under two different headlines. One read “Gerua gundami (saffron hooliganism). The other read “Pratik bhenge gerua gundami (saffron hooliganism breaks emblem).
The emblem in question is the one on the university’s gate, designed by the artist Nandalal Bose. The Bowbazar police station had registered the FIR on August 28, on the basis of a written complaint received the previous day from Sanjay Shastri Maharaj, who has been described in the FIR as a saffron clad Hindu monk.
It named the editor Ishani Dutta Roy, chief reporter Soma Mukherjee and, as a third accused, the unnamed remainder of the daily’s editorial team.
The FIR was registered under sections 196 (promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 352 (intentional insult with intent to provoke breach of peace) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). The section is the common intention provision, which is what allows an unidentified group of colleagues to be carried into the case.
The matter will be next taken up by the high court on December 1.
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